Revolutionary War Pension and Bounty Land Warrant Application File S. 35,929, David Fitzgerald, Continental (Mass.)

SERVICE
NUMBER
Continental (Mass.)
Fitzgerald, David
S. 35,929
CONTENTS

12.402 R
Dist. of Maine
David Fitzgerald
of York in the State of  Dist. of Maine who was a private in the regiment commanded by Colonel Pucon of the Massachusetts line, for the term of 8 years .
Inscribed on the Roll of the Dist. of Maine at the rate of 8 Dollars per month, to commence on the 2 nd of April 1819
Certificate of Pension issued the 15 th of July 1819 and sent to Jonas Clarke Esq York, York Co Maine .
Arrears to 4th of _____ Semi-ann. all'ce ending Sept 1819  40.80 2 Dollars. 80
{ Revolutionary claim, } { Act 18th March, 1818. }
Not entitled

Notification sent July 21 st 1821 to Daniel Sewall, Rumebunk, Maine.
Date of death not on age

David Fitzgerald
WR
12.4.02
Sept 1899
Not Ackd
2nd March 1899

STATE OF MAINE.
York ss....At a Circuit Court of Common Pleas for the first Eastern Circuit, begun and holden at York within and for the County of York on the first Tuesday of July being the fourth day of said month and by adjournment from day to day, on the fifth day of July in the year of our Lord one thousand eight hundred and twenty, before the Honorable Benjamin Greene chief Justice Judge of said Court.
ON this fifth day of July in the year 1820, personally appeared in open Court
the same proceeding according to the course of the common law, having jurisdiction unlimited in amount, keeping a record of their proceedings, and having "the power of fine and imprisonment," and being a Court of Record for said Circuit , county, David Fitzgerald aged sixty years, resident in York in said Circuit , county who being first duly sworn according to law, doth on his oath declare that he served in the Revolu- tionary War as follows, viz. as a private in the company commanded by Capt. Samuel Derby in the Regiment commanded by Colonel Prescott in the line of the State of Massachusetts on the Continental Establishment, as is more particularly mentioned and described in his original declaration, made on the second day of April A. D. 1819, and on which said declaration his Certificate of Pension, numbered 12,402 was granted. And I do solemnly swear that I was a resident citizen of the United States on the 18th day of March 1818; and that I have not since that time by gift, sale, or in any manner disposed of my property, or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an Act of Congress, entitled "An Act to provide for certain persons engaged in the land and naval service of the United States, in the Revolutionary War," passed on the 18th day of March, 1818: and that I have not, nor has any person in trust for me, any property or securities, contracts, or debts due to me; nor have I any income other than what is con- tained in the schedule hereto annexed, and by me subscribed; that my occupation and ability to pursue the same, together with the number and other particulars of my family, are in fact and in truth as is par- ticularly described on the back hereof, also subscribed by me.
David his Fitzgerald, mark.
Sworn to and declared, on the fifth day of July A. D. 1820. }
BEFORE Benj a Greene
Ch. Justice One of the Judges of the said Court.
Attest Daniel Sewall, Clerk

SCHEDULE of the real and personal estate, (necessary clothing and bedding excepted) belonging to me the subscriber, viz :
30 acres of land at Agamenticus principally rocks & all broken with hills, a small part of the land under cultivation, a log house, & also a house for cattle, an old horse - 2 cows - 6 sheep & pigs - 2 calves, I owe more than two hundred dollars.
SCHEDULE of the family residing with me David Fitzgerald who, by occupation am a farmer which I am unable to pursue by reason of bad health & infirmities & age.
   NAMES. AGES. Capacity of each to contribute to their support.     Martha Fitzgerald, daughter 26  sickly, but able partially to support herself.  David Fitzgerald + his mark.  Value of property 88. 50 Cows 200 -   
STATE OF MAINE.
York ss. I, Daniel Sewall Clerk of the Circuit Court of Common Pleas for said Circuit, within the county of York do hereby certify, that the foregoing oath, and the schedules thereto annexed, are truly copied from the Record of the said Court ; and I do further certify, that it is the opinion of the said Court that the total amount in value of the property exhibited in the aforesaid schedule, is eighty eight dollars and fifty  And that he owes two hundred dollars cents. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court, on this eighth day of July A. D. one thousand eight hundred and twenty.
Daniel Sewall, { Clerk of the said Circuit Court for the County of York.

David Fitzgerald's claim for pension.
2. April, 1819.
District of Maine.
Enlisted in 1775 in the Cont. Regt for 1776 in Col. Prescott's Mass. Regt. Served till the 1 st Jan y . 1777—
Adm d
Jonas Clark D r & S r

I David Fitzgerald of York in the county of York, in the state of Massachusetts & District of Maine, in the fifty ninth year of my age, on oath declare, that I served the United States, in the revolutionary War, as follows.
In the year 1775, I enlisted in the continental establishment for the year 1776, in the company commanded by Capt. Samuel Derby in Col. Prescott's regiment of Infantry in the Massachusetts line, and joined the American Army at Brookline in the neighbourhood of Boston, previous to January 1776, at which time my term of enlistment commenced, and served in said Samuel Derby's company in said Prescott's regiment, until the first of January, 1777, when I was discharged in the State of New York, at the highlands, but had no written discharge; having faithfully served out my term of enlistment.
I further testify, that from my reduced circumstances, I stand in great need of the assistance of my country for support.
2, April, 1819.
David his + Fitzgerald mark
Witness Daniel Sewall.
I Daniel Sewall of Wells in the county of York, esquire, depose and testify, that I formerly and lately lived in the town of York, and for many years past have been well acquainted with David Fitzgerald named in the foregoing declaration, and he is in such reduced circumstances, that he stands in need of the assistance of his country for support.
Daniel Sewall.
York ss. 2 d April 1819, Daniel Sewall esquire makes oath to the truth of the foregoing deposition by him signed.
Before Jonas Clarke, Judge of Probate for said County.

Commonwealth of Massachusetts. District of Maine
York ss. On the second day of April, A. D. 1819, personally appeared before me Jonas Clark, Judge of the Court of Probate within and for the county of York in the Commonwealth aforesaid, the aforementioned David Fitzgerald, and in my presence subscribed and made oath to the aforesaid written declaration and affidavit by him made, in order to obtain the provision made by the late act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary War." — And it appearing to my satisfaction from the foregoing declaration, and from the evidence adduced, that the aforementioned David Fitzgerald served for the term of more than nine months at one period of the War of the revolution on the continental establishment against the common enemy; — And also that the said David Fitzgerald is in such reduced circumstances that he stands in need of the assistance of his country for support; I hereby certify the testimony in the case and the proceedings had thereon, to the Secretary of the department of War.
In testimony whereof I hereunto set my hand, and have caused the seal of the said Court to be hereunto affixed, the day and year aforesaid.
Jonas Clark,
Daniel Sewall, Reg d .
I Jonas Clark Judge as aforesaid hereby certify, that Andrew Rankins & Bartholomew Witham, whose depositions are hereunto annexed, are credible & disinterested witnesses.
York county, 15, June, 1819.
Jonas Clark.

David Fitzgerald, Maine.
Application to be restored.
Brief
Last evidence 20 th May 1825

David Fitzgerald a private. Maine. Enlisted in 1776 for 1 yr in Col. Piseotts Regiment line Discharged January 1777.
1 st Schedule 5 July 1820.
20 acres of land principally rocky, and all broken - a small part under cultivation, with a log house, and house for cattle thereon. 1 old horse, 2 Cows. 6 Sheep. 4 pigs. 2 calves
valued in the aggregate at $88.50
Says he owes more than $200. Creditors names not given
Dis contin d
Apples to be restored.
2 nd Schedule 26 May 1824.
1 old horse, 1 cow, 8 Sheep, 1 calf, 3 pigs. val d at $48.00. sold his real estate 24 May 1824. to his sons Samuel and David Fitzgerald for $140. to pay just debts. Retains for life 2 acres of land, with one half of a one story log house, and small barn thereon. A copy of a deed from applicant to Samuel is exhibited dated 24 May 1824. acknowledged the 26 th and recorded Oct 13 1824. for 18 acres of the homestead land, and 1/2 of 12 acres of woodlands. The Grantor reserving a life estate of 2 acres of the homestead lands, and buildings mentioned in the schedule.
Consideration $100. copy of Deed also from S c Applicant to his son David is produced for 16 acres of the homestead land, and the other half of 12 acres of Woodlands. Con. $40.
Martha Fitzgerald the claimants daughter, is to be main- tained by the grantees during her life, or until marriage.
David Fitzgerald states that he is 27 years of age. has labored 6 years for his father, for which it was agreed he should receive the customary price. that last May (1824) he agreed to take the land herein mentioned. and release all demands against his father.
Samuel Fitzgerald states that he is 38 yrs of age has labored for his father ever since he was 21 yrs of age, who agreed to pay him a reasonable compensation for his services, not less than $3 per month, and being unable to comply with his agreement, the land above mentioned was received in full of all demands.
Daniel Searall testifies that he drew

the deeds herein mentioned, and believes the transaction to have been a "fair and bona fide" one - knows that the sons have done considerable labor for their father: believes them honest and entitled to credit, is acquainted with the land: It was but ordinary, and originally sold for about $1 per acre. That its present value arises principally from the application of labor.
Remarks. It will be perceived that the claimant has conveyed in all 416 acres of land: 16 more than stated in either schedule. There is no evidence of the agreement between the father and Sons, except what is stated by the sons themselves.
Claimant is aged 66 a farmer unable to labor from age and infirmity. Has a daughter living with him aged 31 part of her time unable to work.
I certify that I have examined this case, and am of the opinion that according to the principles which have governed in former decisions, the claim ought not to be admitted: but in conformity with the request contained in Mr D. Sewalls letter to which I would respectfully refer the Secretary of War, the case is submitted to him for his decision.
J. L. E.
The decision
Approved
J. B.

November 7, 1933
xxxxxxxxxxxxxxxx
Office of the Quartermaster General Memorial Branch War Department Washington, D.C.
BA-J/REL David Fitzgerald-S.34929
Dear Sir:
Reference is made to your letter in which you request information in regard to David Fitzgerald, a soldier of the Revolutionary War.
The data which follow were obtained from the papers on file in Revolutionary War pension claim, S.34929, based upon the military service of David Fitzgerald in that war.
The date and place of birth of David Fitzgerald are not shown in the papers in the pension claim.
He enlisted, place not stated, January 1, 1776, and served for one year as a private in Captain Samuel Darby's Company, Colonel Prescott's Massachusetts Regiment.
He was allowed pension on his application executed April 2, 1819, while residing in York, York County, Massachusetts(Maine). At that time, the soldier stated that he was in the fifty-ninth year of his age but in 1824, he stated that he was sixty-six years old and again in same year that he was sixty-five years old; no explanation was made for these discrepancies in age.
Three children are referred to as follows:
Samuel Fitzgerald in 1825, aged thirty-eight years. Martha Fitzgerald in 1824, " thirty-one years. David Fitzgerald, Junior in 1825, " twenty-seven years.
The name of their mother is not shown, and there are no further family data. The application for headstone is returned herewith.
Very truly yours
A. D. HILLER Assistant to Administrator.

35929
INVALID.
Perry
1983 - Sep 7. List to Har Dept. Memorial Bldg 1934 - May 21. 1934 List to Ella G. Fitzgerald. Letter in case John Fitzgerald. 1124 603 Oct
File No. 35929
David Fitzgerald Rev Rev Mr
Act: 18 th March 18 th
Index: - Vol. 2 , Page 139
[Arrangement of 1870.]

See Letter to Daniel Sewall Esq. York Maine.
August 19 th 1824.

David Fitzgerald Maine
Application to be restored
Brief within
Rejected by S. of W. 9 July 1825 see letter to Daniel Sewall Esq. Kennebec Maine
Last evidence 20 th May 1825 4 Sept: 1819

copy. Deed. David Fitzgerald. to David Fitzgerald of York. -
copy - 33 -

Know all Men by these Presents, That
I David Fitzgerald of York in the county of York, yeoman,
in Consideration of forty dollars to me paid by David Fitzgerald, jr of York aforesaid, yeoman,
the receipt whereof I do hereby acknowledge, have remised, released, and forever quit-claim, and do for myself and my Heirs, by these Presents, remise, release and forever quit-claim unto the said David Fitzgerald, jr. his Heirs and Assigns, the place or tract of land where he now lives, near Agamenticus, in said York, containing about sixteen acres, more or less. And also the one half of my wood land on the second & third hills in said York, containing in the whole about twelve acres, or be the same more or less.
TO HAVE and to HOLD, the afore-mentioned Premises, with all the Privileges and Appurtenances thereunto belonging, to him the said David Fitzgerald, jr. his Heirs and Assigns, forever; so that neither I the said David Fitzgerald nor my Heirs, or any other person or persons, claiming from or under me, or them, or in the name, right or stead of me or them, shall or will, by any way or means, have, claim or demand any right or title to the aforesaid Premises, or their Appurtenances, or to any part or parcel thereof, forever.
IN WITNESS WHEREOF, I the said David Fitzgerald ,
have hereunto set my Hand and Seal, this twenty first Day of May , in the year of our Lord One thousand eight hundred and twenty four .
Signed, sealed, and delivered in presence of us, Daniel Sewall, Joanna Sewall.
David Fitzgerald his mark
York ss. May 21 st 1824.
THEN the above named David Fitzgerald personally acknowledged the above instrument to be their free act and deed—before me,
Daniel Sewall, Justice of the Peace.
Recorded according to the original, received October 13, 1824. Attest, Jeremiah Goodwin, Register.
York ss. Attest, October 13, 1824. A true copy of Record. Jeremiah Goodwin, Register of Deeds.

Deed - Copy. David Fitzgerald to Samuel Fitzgerald, of York.
Copy - 37½

Know all Men by these Presents, That
I David Fitzgerald of York in the county of York, yeoman,
in Consideration of one hundred dollars to me paid by Samuel Fitzgerald of said York, yeoman, —
the receipt whereof I do hereby acknowledge, have remised, released, and forever quit-claim, and do for my self and my Heirs, by these Presents, remise, release and forever quit-claim unto the said Samuel Fitzgerald, his Heirs and Assigns, a tract of land lying near Agamenticus, in said York, where I now live, containing eighteen acres, more or less, and is all the homestead where I now live, except two acres where my dwelling house & barn now stand. And also the one half of my woodland in said York, on the second & third hills containing in the whole about twelve acres. And also the reversion or remainder of the said two acres of land where my said house & barn now stand, which I have reserved to myself, to hold during my life, except one room in said dwelling house to my daughter Martha, so long as she remains single & unmarried. And after my decease & the decease, or marriage of my daughter, the said Samuel is to come into possession of what is here reserved. and it is to be understood that the said Martha is to have her comfortable living with what work she can do, out of the estate hereby conveyed to the said Samuel, & his brother David, during her life, or until the time of her marriage.
TO HAVE and to HOLD the afore-mentioned Premises, with all the Privileges and Appurtenances thereunto belonging, to him the said Samuel Fitzgerald, his Heirs and Assigns, forever; so that neither I the said David — nor my Heirs, or any other person or persons, claiming from or under me or them, or in the name, right or stead of me or them, shall or will, by any way or means, have, claim or demand any right or title to the aforesaid Premises, or their Appurtenances, or to any part or parcel thereof, forever.
IN WITNESS WHEREOF, I the said David Fitzgerald,
have hereunto set my Hand and Seal, this twenty first Day of May, in the year of our Lord One thousand eight hundred and twenty four.
Signed, sealed, and delivered in presence of us, Daniel Sewall, Joanna Sewall.
his David Fitzgerald mark
York ss. May 26 th 1824.
THEN the above named David Fitzgerald personally acknowledged the above instrument to be his free act and deed—before me,
Daniel Sewall, Justice of the Peace.
Recorded according to the original, received October 13, 1824. Attest, Jeremiah Goodwin, Register of Deeds.
York ss. Alfred Record. Attest, October 13, 1824. A true copy of Jeremiah Goodwin Register of Deeds.

State of Maine
County of York -
I Jeremiah Bradbury Clerk of the Judicial Courts for said County do here by certify that Jeremiah Goodwin Esquire who certifies the within copy of record, is, and for a long time has been Register of Deeds &c. for said County, and that full faith and credit are due to his official acts as such Register of Deeds -
In witness whereof I hereunto set my name and fix my official seal this twentieth day of May A.D. 1825.
Jere. Bradbury

I Samuel Fitzgerald of York in the county of York, aged thirty eight years, testify and depose, that from the time I arrived at the age of twenty one years of age , I worked on the farm of my father David Fitzgerald of said York, till last May, and my father engaged to pay me a reasonable compensation for my services, which would be not less than eight dollars per month; but after working and labouring till that time, and my brother David having worked on the same farm, which was but small, and my father growing old and unable to do much labour, and there being no other way of getting my pay but by taking a deed from my father of a part of his  my estate, I agreed with my father to take a deed of him of eighteen acres of land where he now lives, (except two acres where the dwelling house & barn stand), and one half of his woodland, &c. for the consideration of one hundred Dollars, which is much less than what is justly due to me for my services. And in consideration of said deed being given to me, I have relinquished all claims I have upon my said father. And a copy of the said deed is hereunto annexed.
Samuel his  Fitzgerald mark
York ss. On the twenty ninth day of April, in the year of our Lord, one thousand eight hundred & twenty five, the aforesaid Samuel Fitzgerald the deponent, after being duly cautioned & examined agreeably to law, and having the above deposition distinctly read to him, made oath to the truth of the same. Taken at the request of his father David Fitzgerald.
Before me, Daniel Sewall, Justice of the peace.

I David Fitzgerald junior of York in the county of York, aged twenty seven years, testify and depose, that from the time I was twenty one years of age, I worked on the farm of my father David Fitzgerald of said York almost all the time till last spring, and it was agreed between my father and me, that I should be paid the customary price for labour, which was six years in the whole, and besides what time I was from home. And on the twenty first day of May last, I agreed with my father to take a deed from my father of about sixteen acres of land near Agamenticus, where I now live, and the half of a tract of woodland on the second & third hills in said York, being about twelve acres in the whole: a copy of which deed is hereunto annexed, for the consideration of forty Dollars: and upon receiving the said deed, I have discharged all demands I have upon my said father, as I concluded he could not pay me any thing more, besides what he owed my brother. David his X Fitzgerald jun r . mark
York ss. On the twenty ninth day April, in the year of our Lord, one thousand eight hundred & twenty five: the aforesaid David Fitzgerald jun r the deponent, after being duly cautioned and examined agreeably to law, and having the above deposition distinctly read to him, made oath to the truth of the same: Taken at the request of his father David Fitzgerald.
“Before me, Daniel Sewall, justice of the peace.”

State of Maine.
York ss. I Jeremiah Bradbury, Clerk of the Judicial Courts for the County of York aforesaid hereby certify that Daniel Sewall, Esquire, who certifies the preceding Depositions of Samuel Fitzgerald and David Fitzgerald junr., is a Justice of the peace within and for said County, duly qualified to administer oaths in such cases, and that full faith and credit are due to his official acts as such Justice of the Peace.
In witness whereof I hereunto set my hand and fix my Official seal this twentieth day of May A.D., 1825.
Jere. Bradbury

Depositions, &c. in the case of David Fitzgerald, m.
York, Maine.

I Daniel Sewall of Kennebunk in the county of York, esquire, aged seventy years, testify and depose, that until ten years last past, I lived & resided in the town of York in said county - that I have been well acquainted with David Fitzgerald of said York for many years past, that he has been a hard labourer from his youth, and an industrious, prudent, honest man. - That about 30 or 35 years ago, I was one of the Committee of the proprietors of the common lands in said York to make sale of their unappropriated lands - that part of the land where the said David now lives near Agamenticus, was sold by said proprietors, committee to said David (the other part having been before sold by a former committee to the said David's father, some time since deceased) - The lands so sold was in a wild uncultivated state, and but ordinary lands at best, and was sold at about one Dollar an acre. That part of the land, which the said David purchased has been reduced from a state of nature to cultivated land, by the labour & industry of himself and his two sons Samuel & David; and much the greatest part of the present value of said lands is in consequence of the labour expended upon it. - I have been acquainted with these two sons ever since they have been upon the stage of action, and know them to be industrious honest men; and that they have done considerable labour for their father, who has been ailing for several years past, and not able to do much work. - I wrote the two deeds from the said David to his two sons Samuel & David, last May; copies of which are hereunto annexed; and from the conversation that passed between the parties, and partly from my own knowledge, I considered the same to be a valid sale, and a fair bona fide transaction. And from my knowledge and experience in the Judicial Courts in this county for more than forty years past, (having been Clerk of those Courts a great part of that time) it is my opinion that the said deeds

be considered deeds would by said Courts as valid and effectual in law. I further testify that the said Samuel & David junr although they have but little learning, are persons of truth and veracity, and their testimony is intitled to belief & credit, in any Courts of law and elsewhere.
Daniel Sewall.
York ss. On the sixth day of May, in the year of our Lord one thousand eight hundred & twenty five, the afore- said Daniel Sewall esq: the deponent, was sworn to the truth of the foregoing deposition by him signed. Taken at the request of David Fitzgerald.
Before me,
Edward E Bourne Justice Peace

State of Maine.
York B. I, Jeremiah Bradbury, Clerk of the Judicial Courts for the County of York aforesaid, hereby certify that Edward E. Bourne, Esquire, who certifies the foregoing Deposition of Daniel Sewall, is a justice of the Peace within and for the County of York aforesaid, duly qualified to administer oaths in such cases, and that full faith and credit are due to his official acts as such Justice of the Peace.
In witness whereof I hereunto set my hand and affix my Official seal this twentieth day of May A.D. 1825.

FREE
Rec d May 26. 1825.
Honorable James Barbour,
Secretary of the Department of War, Washington
Or to J. L. Edwards Esq r . Clerk in said Department.
Edw d C. Warren March 1 st 1825 6787 Seth

Kennebunk, 21 st May, 1825.
Sir,
I here enclose copies of deeds, depositions &c. in the cases of Edward Nason of Kennebunkport, and David Fitzgerald of York, to be restored to their Pensions. Their applications were entered at the Court of Common Pleas, at May term, 1824, and copies of the applications were forwarded to the Office of the Secretary of War, soon afterwards.
If the enclosed evidence is satisfactory to entitle them to a restoration (as I presume it is) I should think their Pensions should commence at the time they made their applications to the Court, viz t on the last Tuesday of May, 1824.
I am Sir, with due respect,
Your humble servant,
Daniel Sewall
Honorable James Barbour, Secretary at War.

David Fitzgerald

We Andrew Rankin of Himmerick in the County of York & State of Massachusetts & Bartholomew Witham of York in said County, said Rankin being sixty years of age & said Witham sixty two years of age do certify & declare that we both served in the revolutionary army of the United States as Soldiers on the Continental establishment for the term of one year including the whole of the year seventeen hundred & seventy six in Capt. Sand. Perbys Company in Col. Prescot's Regiment of Infantry & were discharged the first day of January 1777- & we further declare that David Fitzgerald of York aforesaid honourably served with us during said term of one year & was honourably discharged with us on the first day of January 1777- at the Highlands in the State of New York Andrew Rankin Bartholomew Witham
Commonwealth of Massachusetts York ss. July 13 th 1810 Personally appeared Andrew Rankin & Bartholomew Bartholomew Witham and made solemn oath to the truth of the above Declaration Declaration by them subscribed Before me Jas. Bradbury Just of the Peace

Commonwealth, of Massachusetts.
Yorks. I Daniel Sewall, Clerk of the Circuit Court of Common Pleas within & for the county of York, hereby certify, that Jeremiah Bradbury was at the time the within deposition was taken, a Justice of the Peace within and for said county, duly qualified to act as such. And also that the within named deponants are credible and disinterested witnesses.
In testimony whereof, I hereunto set my hand and the seal of the said Court, the second day of April, A. D. 1819.
Daniel Sewall.

David Fitzgeralds claim for pension
York. State of Maine!

State of Maine.
County of York, ss.
ON this twenty sixth day of May 1824 in open Court, being the Court of Common Pleas held at York within and for the County of York on the last Tuesday of May A. D. 1824
Present the Hon. Samuel E. Smith Justice of said Court; said Court keeping a record of their proceedings, having jurisdiction unlimited in amount, proceeding according to the course of the common law, having the power to fine and imprison, and being a Court of Record in said county, personally appeared David Fitzgerald
resident in said county aged sixty five years, who, being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the provision made by the Acts of Congress of the 18th March 1818, and the 1st May 1820, that he the said David Fitzgerald enlisted for the term of one year day of  in the year in the state of Massachusetts in the company commanded by captain Samuel Daby in the regiment commanded by Colonel Parrott in the line of the State of Massachusetts on the Continental establishment; that he continued to serve in said corps until the twelve months were expired when he was discharged from the said service, in at the highlands in Pechsicce in the State of New York  was more particularly described in his original declaration made on the day of April 1818 & in certificate therefor granted that his name has been placed on the pension list and dropped therefrom on account of his property.
And in pursuance of the Act of the 1st May, 1820, I do solemnly swear, that I was a resident citizen of the United States on the 18th day of March 1818; and that I have not since that time, by gift, sale or in any manner disposed of my property, or any part thereof, with intent thereby so to diminish it, as to bring myself within the provisions of an Act of Congress, entitled "An Act to provide for certain persons engaged in the Land and Naval service of the United States in the Revolutionary War," passed on the 18th day of March 1818; and that I have not, nor has any person in trust for me, any property, or securities, contracts or debts due to me; nor have I any income other than what is contained in the Schedule hereto annexed and by me subscribed.
David Fitzgerald
Sworn to and declared on the day and year above stated
Samuel E. Smith J. C. Com. Pleas

SCHEDULE of the real and personal estate, (necessary clothing and bedding excepted) belonging to me the subscriber, viz :
30 acres of land at Agamenticus, principally rocks and all broken with hills, a small part of the land under cultivation, a log house and also a house for cattle, an old horse, 2 cows, 6 sheep 4 pigs 2 calves
(Valued at $88.50)
I owe more than two hundred dollars)
SCHEDULE of the family residing with me David Fitzgerald who, by occupation am a farmer which I am unable to pursue by reason of bad health and infirmities of age
   NAMES. AGES. Capacity of each to contribute to their support.     Martha Fitzgerald Daughter 31. Probably the greater part of her time but able to work about house part of the time  
THAT since the exhibition of my first schedule the following changes have been made in my property.
   Names of the persons to whom sold or by whom now owned Time of sale or transfer & for what purpose. Amount of money or description of property received in return     David Fitzgerald Jr. May 24. 1824 forty dollars   Parmuel Fitzgerald To pay my just debts one hundred dollars  
The proceeds of the sale of the above has been applied to the payment of my debts and I have now no estate except the use of about two acres of land and the one half of a one story log house and a small old barn thereon standing to hold during my life only.
One old horse, one cow, 8 sheep 1 calf three pigs
Value of the whole forty dollars
David Fitzgerald marks
SWORN to and declared on the twenty sixth day of May A.D. 1824 before Parmuel E. Smith J. C. Com. Pleas.
I Jeremiah Bradbury Clerk of the Court of Common Pleas do hereby certify, that it appears, to the satisfaction of the Court, that the said David Fitzgerald did serve in the Revolutionary war as stated in the preceding declaration, against the common enemy, for the term of nine months under one engagement, on the continental establishment. I also certify that the foregoing oath and the schedules thereto annexed are truly copied from the records of said court; and I do further certify that it is the opinion of the said Court that the total amount in value of the property exhibited in the aforesaid schedule is forty dollars and cents.
IN testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court on this thirteenth day of July 1824
Jere. Bradbury CLERK of the Court of Common Pleas.

WAR DEPARTMENT OFFICE OF THE QUARTERMASTER GENERAL WASHINGTON
OCT 30 1933
1933
Memorandum for
The Surgeon General, Bureau of Navigation, Navy Department, Commandant, United States Coast Guard, Treasury Department, The Commissioner of Pensions, Interior Building, General Accounting Office, F Street, between 4th & 5th, N. W.
1. The attached application has been submitted to this office for Government headstone to be erected at the grave of the decedent named thereon. In order that the proper inscription may be placed on the stone it would be appreciated if your office would verify the name and service on the application, checking and making such corrections in red ink as may be necessary to show the correct spelling of the name and complete designation of the organizations. 2. In addition, please advise State from which decedent came.

May 19, 1934.
BA-7/ILL
Ella G. Fitzgerald #5 Stearns Apartment Nashua, New Hampshire.
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War records of David Fitzgerald and John Fitzgerald, both pensioners of Maine, also, information regarding Daniel Fitzgerald, who was born in Gilmenton, New Hampshire, in 1765 and died April 30, 1822, a Revolutionary War soldier.
Revolutionary War data furnished by this office are obtained from claims for pension and bounty land made to the United States based upon service of soldiers in that war.
A search of the records has been made and there is no claim for pension or bounty land on file based upon service of the above noted Daniel Fitzgerald. This office has no general genealogical data regarding soldiers of the Revolutionary War. Information in regard to military records of Revolutionary War soldiers might be obtained from The Adjutant General, War Department, this city.
The records of David and John Fitzgerald are furnished herewith.
Very truly yours,
A. D. HILLER, Assistant to Administrator.

May 21, 1934
xxxxxxxxxxxxxxxx
BA-J/REL am
David Fitzgerald-S.35929
Ella G. Fitzgerald 5 Stearns Apartment Nashua, New Hampshire
Dear Madam:
The data which follow were obtained from the papers on file in Revolutionary War pension claim, S.35929, based upon the military service of David Fitzgerald in that war.
The date and place of birth and the names of the parents of David Fitzgerald are not shown in the papers in the pension claim.
He enlisted, place not stated, January 1, 1778, and served for one year as a private in Captain Samuel Darby's Company, Colonel Prescott's Massachusetts Regiment.
He was allowed pension on his application executed April 2, 1819, while residing in York, York County, Massachusetts(Maine). At that time, the soldier stated that he was in the fifty-ninth year of his age, but in 1824, he stated that he was sixty-six years old and again in same year that he was sixty-five years old; no explanation was made for these discrepancies in age.
Three children are referred to as follows:
Samuel Fitzgerald in 1826, aged thirty-eight years. Martha Fitzgerald in 1824, " thirty-one years. David Fitzgerald, Junior, in 1825, " twenty-seven years.
The name of their mother is not shown and there are no further data as to soldier's family.
In order to obtain the date of last payment of pension, the name and address of person paid and possibly the date of death of the Revolutionary War pensioner, David Fitzgerald(S.34929), you should address The Comptroller General, General Accounting Office, Records Division, this city, and cite the following data:

David Fitzgerald, Certificate No. 12402, issued July 15, 1819, rate $8 per month, commenced April 2, 1819, Act of March 18, 1818, District of Maine Agency.
Very truly yours
A. D. HILLER Assistant to Administrator.

BOUNTY LAND WARRANT RECORD CARD*
NAME Fitzgerald, Edward GRADE Private LINE Pennsylvania
WARRANT NUMBER 9396 ACREAGE 100 ISSUED December 22, 1794 to Henry Purdy, assignee
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.

19. 140.
Georgia.
George Fitzgerald
of Franklin in the state of Georgia who was a Private in the Company command by Captain Soldiers of the regiment command by Colonel Hawes in the Georgia line, for the term of 18 months
Inscribed on the Roll of Georgia at the rate of 8 Dollars per month, to commence the 25 of November  1823 1823
Certificate of Pension issued the 22 of Dec. 1891 and Sarah Noble, W. Thompson Conner & Rife
Arrears to 4th of part Semi anl. all'ce ending 4 March 1824, $26.63
24. 63 1. 60 1. 3
26.63
{ Revolutionary claim, Acts March 18, 1818, and May 1, 1820. } March 1 st 1820
120 9 1-202

Mr. J. L. Polk George Fitzgerald
Hon: Mr.
Thompson
H. Rep.
Early information Submitted.
Rec. Dec. 20. 1823.
admitted on Roll

Original Claim
George
County of Franklin S.S.
on this twenty seventh day of November 1820 personally appeared in open court being a true copy of record for the county of said George Fitz Gerald Resident in said county aged Eighty four years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the provision made by the acts of Congress of the 18th March 1818 and the 1st May 1820 that he the said George Fitz Gerald enlisted for the term of Eighteen months on the first day of July in the year Seven hundred and Seventy nine in the state of Virginia in the company commanded by Captain Robison in the Regiment commanded by Colonel
Heard  the  line  of  the  state  of  virginia on the old continental establishment until the he continued to serve with said corps until the first of February 1781 when he was discharged from the said service in the town of Salisbury in the State of North Carolina
That he was in the battles of the siege of King sit and Butaw and that he has no other evidence now in his power of his said services except his own oath - and in pursuance of the act of the 1st May 1820 I do solemnly swear that that I was a resident citizen of the United States on the 18th day of March 1818 and that I have not since that time by gift sale or in any manner disposed of my property or any part thereof with intent thereby to diminish it as to bring myself within the provisions of an act of Congress entitled an act to provide for certain persons engaged in the service of the service of the United States in the Revolutionary War

was payable on the 18 th day of March 1818 and that I have not nor has any person in trust for me any property or securities contracts or debts due to me nor am I any in debt to any person what is contained in the schedule hereto annexed and by me subscrib- ed
One Spathe-bill $30.00 Two Iron pots 4.00 One Awl 2.00 One axe two hoes and 1 Scythe 5.00 41.00
My family consists of no person but myself my cousin having lately died my occupation is that of a Farmer but am totally unable from age and infirmity to pursue it
Sworn to and declared on the 25 th day of Nov- ember 1823 in open Court before the Honble Allen and his associate Justices of the said Court
Worauf Sie sich beziehen.
George Henry  Henry  Mark  Mark Garrison
I Frederick Reall Clerk of the Inferior Court of Franklin County do hereby certify that it appears to the satisfaction of the Court that the said George Fitzgerald did serve in the Revolutionary War as stated in the preceding against the common enemy in the time of his rights under an engagement on the continental establishment I also certify that the foregoing oath and the schedule thereto annexed are truly copied from the records of the said court and I do further certify that it is the opinion of the said court that the total amount in value of the property of liberator in the of as said schedule is Forty five dollars as testimony whereof I have hereunto set my hand and affixed my private

seal then being no seal belonging to this office on this 25 th day of November 1823 P. B. B. Clk
Georgia } I Asa Allen one of the justices of the Inferior Court Franklin County } for the County and State aforesaid do certify that Frederick Beall whose name appears to the above and foregoing certificate is Clerk of the Inferior Court for said County and that full faith and credit ought to be given to his attestation as such and that the same is in due form Given under my hand and seal this 25 th November 1823
Asa Allen J.P.
Georgia } I Frederick Beall Clerk of Franklin County } the Inferior Court for said County do hereby certify that Asa Allen whose name appears to the above and foregoing certificate is one of the justices of the Inferior Court for said County and that full faith and credit ought to be had and given to his attestation as such and that the same is in due form
Given under my hand and private seal there being no seal of office this 25 th November 1823
Frederick Beall Clerk

37921
Rev INVALID.
Rev
File No. 37921
George Fitzgerald Rev Rev Rev
Act: 18 th March 18 th
Index:—Vol. 2 , Page 568
[Arrangement of 1870.]